Access to Justice Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 12
 
  
BY THE LORD CHANCELLOR
 
     Page 8, line 30, leave out from ("of") to end of line 32 and insert ("securing that individuals involved in criminal investigations or criminal proceedings have access to such advice, assistance and representation as the interests of justice require.") 
     Page 8, line 33, leave out ("this Part") and insert ("subsection (1)") 
     Page 8, line 37, after ("proceedings") insert ("before any court") 
     Page 8, line 38, leave out ("for dealing with an offender for an offence or") and insert ("before any court for dealing with an individual convicted of an offence, for dealing with an individual") 
     Page 8, line 39, leave out ("offender under section 6") and insert ("individual under section 9") 
     Page 8, line 44, at end insert-- 
 
    ("(  )  proceedings on an appeal brought by an individual under section 44A of the Criminal Appeal Act 1968,")
1968 c. 19.
     Page 8, line 45, leave out ("supervision orders") and insert ("a supervision order in respect of an individual") 
     Page 9, line 1, after ("contempt") insert ("committed, or alleged to have been committed, by an individual") 
     Page 9, line 2, after ("proceedings") insert ("concerning an individual, before any such court or other body,") 
     Page 9, line 8, at end insert ("; and any system of accreditation shall include provision for the monitoring of the services provided by accredited persons and bodies and for the withdrawal of accreditation from any providing services of unsatisfactory quality.") 
     Page 9, line 8, at end insert--
 
    ("(  )  The Lord Chancellor may by order require the Commission to discharge the functions in subsection (5) in accordance with the order.")
 
  
Clause 13
 
  
BY THE LORD CHANCELLOR
 
     Page 9, line 29, at end insert--
 
    ("(2A)  The Lord Chancellor may by order require the Commission to discharge the function in subsection (2) in accordance with the order.")
 
  
Clause 14
 
  
BY THE LORD CHANCELLOR
 
     Page 9, line 33, leave out from ("3") to end of line 38 and insert ("(which makes provision about the grant of a right to representation in criminal proceedings) has effect; and the Commission shall fund representation to which an individual has been granted a right in accordance with that Schedule.") 
     Page 10, line 7, leave out ("or loans") 
     Page 10, line 11, at end insert--
 
    ("(3A)  The Lord Chancellor--
    (a)  shall by order make provision about the payments which may be made by the Commission in respect of any representation provided by non-contracted private practitioners, and
    (b)  may by order make any other provision requiring the Commission to discharge the function in subsection (3) in accordance with the order.
    (3B)  For the purposes of subsection (3A)(a) representation is provided by a non-contracted private practitioner if it is provided, otherwise than pursuant to a contract entered into by the Commission, by a person or body which is neither--
    (a)  a person or body in receipt of grants or loans made by the Commission as part of the Criminal Defence Service, nor
    (b)  the Commission itself or a body established or maintained by the Commission.
    (3C)  The provision which the Lord Chancellor is required to make by order under subsection (3A)(a) includes provision for reviews of, or appeals against, determinations required for the purposes of the order.")
 
     Page 10, line 18, leave out ("making payments to") and insert ("funding representation by") 
     Page 10, line 27, leave out ("only one representative or") 
     Page 10, line 28, after ("representatives") insert ("to act for him at any one time") 
     Page 10, line 30, leave out ("if another representative has been") and insert ("in place of a representative") 
     Page 10, line 31, at end insert--
 
    ("(  )  Regulations under subsection (6)(b) and (c) may not provide that an individual may select only a person employed by the Commission.")
 
     Page 10, line 32, leave out subsection (7) 
  
After Clause 14
 
  
BY THE LORD CHANCELLOR
 
     Insert the following new Clause-- 
     (".--(1) The Commission shall prepare a code of conduct to be observed by employees of the Commission in the provision of services as part of the Criminal Defence Service.
 
    (2)  The code shall include--
    (a)  duties to avoid discrimination,
    (b)  duties to protect the interests of the individuals for whom services are provided,
    (c)  duties to the court,
    (d)  duties to avoid conflicts of interest, and
    (e)  duties of confidentiality.
    (3)  The Commission may from time to time prepare a revised version of the code.
 
    (4)  Before preparing or revising the code the Commission shall undertake such consultation as appears to it to be appropriate.
 
    (5)  After preparing the code or a revised version of the code the Commission shall send a copy to the Lord Chancellor.
 
    (6)  If he approves it he shall lay it before each House of Parliament.
 
    (7)  The Commission shall publish--
    (a)  the code as first approved by the Lord Chancellor, and
    (b)  where he approves a revised version, either the revisions or the revised code as appropriate.
    (8)  The code, and any revised version of the code, shall not come into force until it has been approved by a resolution of each House of Parliament.")
Code of conduct.
  
Schedule 3
 
  
BY THE LORD CHANCELLOR
 
     Page 56, line 9, after second ("of") insert ("any kind of") 
     Page 56, line 10, leave out from ("to") to end of line 23 and insert ("an individual such as is mentioned in relation to that kind of proceedings in section 12(3).
 
    (2)  A right of representation for the purposes of criminal proceedings may also be granted to an individual to enable him to resist an appeal to the Crown Court otherwise than in an official capacity.
 
    (3)  In this Schedule "court" includes any body before which criminal proceedings take place.")
 
     Page 57, line 6, leave out from ("of") to ("and") in line 7 and insert ("any one or more of the descriptions of proceedings prescribed under section 12(3)(f),") 
     Page 57, leave out lines 8 to 12 
     Page 57, line 16, leave out from ("make") to ("such") in line 20 
     Page 57, line 31, leave out from ("individual") to ("serious") in line 33 and insert ("would, if any matter arising in the proceedings is decided against him, be likely to lose his liberty or livelihood or suffer") 
     Page 57, line 35, leave out ("the case") and insert ("any matter arising in the proceedings") 
     Page 57, line 39, leave out from ("whether") to end of line 41 and insert ("the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual,") 
  
Clause 15
 
  
BY THE LORD CHANCELLOR
 
     Leave out Clause 15 
  
Clause 16
 
  
BY THE LORD CHANCELLOR
 
     Page 11, line 26, after ("made") insert ("and what that person or body is to do with them") 
  
Clause 17
 
  
BY THE LORD CHANCELLOR
 
     Page 11, line 38, leave out subsection (4) 
  
Clause 18
 
  
BY THE LORD CHANCELLOR
 
     Page 11, line 43, at end insert ("unless any such law is relevant for determining any issue relating to the law of England and Wales.") 
     Page 12, line 3, leave out ("directions given by him under section 4") and insert ("order") 
     Page 12, line 6, leave out ("by the directions") and insert ("in the order") 
  
Clause 19
 
  
BY THE LORD CHANCELLOR
 
     Page 12, line 31, leave out ("apply to") and insert ("limit the disclosure of") 
     Page 12, line 36, leave out from ("Commission") to end of line 40 
     Page 13, line 2, at end insert--
 
    ("(7)  Nothing in this section applies to information furnished to a person providing services funded as part of the Community Legal Service or the Criminal Defence Service by or on behalf of an individual seeking or receiving such services.")
 
  
After Clause 21
 
  
BY THE LORD CHANCELLOR
 
     Insert the following new Clause-- 
     (".--(1) The Lord Chancellor may give guidance to the Commission as to the manner in which he considers it should discharge its functions.
 
    (2)  The Commission shall take into account any such guidance when considering the manner in which it is to discharge its functions.
 
    (3)  Guidance may not be given under this section in relation to individual cases.
 
    (4)  The Lord Chancellor shall either--
    (a)  publish, or
    (b)  require the Commission to publish,
any guidance given under this section.")
Guidance.
  
Clause 23
 
  
BY THE LORD CHANCELLOR
 
     Page 14, line 21, after ("power") insert ("of the Lord Chancellor") 
     Page 14, line 22, at end insert--
 
    ("(1A)  Before making any remuneration order relating to the payment of remuneration to barristers or solicitors the Lord Chancellor shall consult the General Council of the Bar and the Law Society.
 
    (1B)  When making any remuneration order the Lord Chancellor shall have regard to--
    (a)  the need to secure the provision of services of the description to which the order relates by a sufficient number of competent persons and bodies,
    (b)  the cost to public funds, and
    (c)  the need to secure value for money.
    (1C)  In subsections (1A) and (1B) "remuneration order" means an order under section 7(3A), 13(2A) or 14(3A) which relates to the payment by the Commission of remuneration--
    (a)  for the provision of services by persons or bodies in individual cases, or
    (b)  by reference to the provision of services by persons or bodies in specified numbers of cases.")
 
     Page 14, line 22, at end insert--
 
    ("(  )  No directions may be given by the Lord Chancellor to the Commission under this Part in relation to individual cases.
 
    (  )  Any directions given by the Lord Chancellor to the Commission under this Part may be varied or revoked.
 
    (  )  The Lord Chancellor shall either--
    (a)  publish, or
    (b)  require the Commission to publish,
any directions given by him under this Part.")
 
     Page 14, line 23, leave out ("Regulations") and insert ("Orders, regulations and directions of the Lord Chancellor") 
     Page 14, line 25, after ("2") insert ("or 9 or paragraph 6(3) of Schedule 3") 
     Page 14, line 26, leave out ("4") and insert ("5") 
  
Clause 24
 
  
BY THE LORD CHANCELLOR
 
     Page 14, leave out line 36 
  
Clause 27
 
  
BY THE LORD CHANCELLOR
 
     Page 15, line 28, leave out from second ("agreement") to ("or") in line 31 and insert ("with a person providing advocacy or litigation services which provides for his fees and expenses,") 
     Page 16, line 18, leave out from ("proceedings") to end of line 20 
     Page 16, line 37, leave out ("to his client") 
     Page 17, line 5, leave out ("authorised bodies (if any)") and insert ("bodies") 
  
Schedule 10
 
  
BY THE LORD CHANCELLOR
 
     Page 99, line 44, leave out ("directs") and insert ("specifies") 
     Page 100, line 14, leave out ("direct") and insert ("specify") 
 
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Prepared 5 February 1999